HomeMy WebLinkAboutR-90-0587J-90-643
7/19/90
RESOLUTION NO. 90- 587
A RESOLUTION, WITH ATTACHMENT, APPROVING,
SETTING FORTH AND SUBMITTING THE DRAFT OF A
PROPOSED CHARTER AMENDMENT, AMENDING THE
CHARTER OF THE CITY OF MIAMI, FLORIQA, AS
AMENDED, KNOWN AS CHARTER AMENDMENT NO'.1, TO
PROVIDE THAT A CITY COMMISSIONER SHALL SERVE
EX OFFICIO WITHOUT COMPENSATION AS MEMBER AND
AS CHAIRPERSON OF THE OFF-STREET PARKING
BOARD WITH THE RIGHT TO VOTE ON ALL MATTERS
COMING BEFORE SAID BOARD; MORE PARTICULARLY
BY AMENDING SUBSECTION (b) OF SECTION 23 OF
SAID CHARTER BY ADDITION OF PARAGRAPH (fi) TO
SAID SUBSECTION AND BY AMENDING
SUBSECTION (c) OF CHARTER SECTION 23; CALLING
AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 6TH DAY OF
NOVEMBER, 1990, FOR THE PURPOSE OF SUBMITTING
CHARTER AMENDMENT NO.1 TO THE ELECTORATE AT
SAID ELECTION; FURTHER, DIRECTING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS
THAN 45 DAYS PRIOR TO THE DATE OF SUCH
SPECIAL MUNICIPAL ELECTION.
WHEREAS, on July 12, 1990, by its adoption of Resolution
No. 90-560, the City Commission directed the City Attorney to
prepare the herein proposed Charter Amendment; and
WHEREAS, the City Attorney's draft of the proposed charter
amendment is set forth in its final form in this resolution, said
draft being submitted to the electors of the City this date by
means of the herein resolution; and
WHEREAS, the proposed amendment shall be submitted to the
electorate at a special municipal election on November 6, 1990 as
called for and provided herein, and shall become effective upon
its approval by the electors;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENTS
CONTAINED
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section lThe recitals and findings contained in the
Preamble of this Resolution are hereby adopted by reference -
thereto and indorpojrated herein as if fully set forth in this
Section.
Section 2. a. Subsections (b) and (c) of Section 23,
entitled "Department of off-street parking; offs -street parking
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board, of the Charter of the City of Miami, Florida,
Chapter 10847, Special Acts, Laws of Florida, 1925, as amended,
is hereby amended in the following particulars$
"Sec. 23. Department of off-street parking; off-street =_
parking board.
(b) (i) There is hereby created and established a
board to be known as the "Off -Street Parking Board of
the City of Miami" (hereinafter sometimes called the
"off-street parking board" or the "board") which shall
consist of five A" members inclusive of the member -
chairperson. Each member of the board shall either
reside or have his or her principal place of business
in the city and shall be an individual of outstanding
reputation for integrity, responsibility and business
ability, but and except for the city commissioner
serving as member-chairpArgon no officer or employee of
the city shall serve as a member of the board while
employed as such officer or employee of the city.
Within thirty days after the commission of
the City of Miami shall have adopted an ordinance
declaring the need for the department and for the
board, it shall appoint the members of the board, Al
follows: two of whom shall hold office for a term of
two years, tow of whom shall hold office for a term of
three years, and one of whom shall hold office for a
term of four years, and thereafter each member shall be
appointed for a term of five years, with the term of
the member -chairperson to be as provided in
Paragraph ,(Li) of_this subsection, as herein provided.
Except for the member-chairgaragA . ftt least
ten days prior to the date of expiration of the term of
any member of the board, or within ten days after the
death, resignation or removal of any such member, his
or her successor shall be named and appointed by the
remaining members of the board, subject to confirmation
by the commission of the city. In the event that any
appointment so made shall not be confirmed by the
commission within ten days after notic of such
appointment has been served upon the commission, the
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. Remaining
provisions are now in effect and remain unchanged.
Asterisks indicate ommitted and unchanged material.
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appointment shall be null and void, and thereupon the
remaining members of the board shall make a new
appointment, or appointments, which shall likewise be
subject to confirmation by the commission and each
member of the board shall be eligible for
reappointment. The successor in each case shall be
appointed and shall hold office for a term of five
years from the date of expiration of the term of his 2Z
h= predecessor, except that any person appointed to
fill a vacancy shall serve only for the unexpired term.
Upon the effective date of his or her
appointment, or as soon thereafter as practicable, each
member of the board shall enter upon his or her duties,
but before doing so he shall take the oath prescribed
by section 41(e) of the city charter and shall execute
a bond in the penal sum of ten thousand dollars
($10,000.00) payable to the department and conditioned
upon the faithful performance of the duties of hi-z
office, which bond shall be approved by the commission
of the city and filed with the city clerk, the cost of
the premium on any such bond to be treated as part of
the cost of operating the department. '
The members of the board exclusive of the
member -chairperson, shall each be paid a salary of
fifty dollars ($50.00) per annum, or such larger sum as
the commission of the city may establish by! ordinance,,
payable in monthly installments.
Any member of the board may be removed by the
commission of the city for good cause and after proper
hearing by the commission, but if so removed, may apply
to the Circuit Court of the Eleventh Judicial Circuit
in and for Dade County, Florida, for a review of the
action of the commission. The provisions of the
preceding sentence shall not apply to the member -
chairperson who shall be subject to removal from the
board without cause by the city commission.
(c) The board shall have the powers, duties and
responsibilities customarily invested in the board of
directors of a private corporation, and shall exercise
supervisory control over the operation of the off-
street parking facilities of the city, and all acts of
the department and of the director with respect to such
facilities shall be subject to the approval of the
board. The board shall
-the-bon, , shall make appropriate
rules and regulations for its own government and
procedure, and shall hold a regular meeting at least
once a month and such special meetings as It may deem
necessary, and all such meetings shall be pen to the
public."
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90- 587
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b. The Charter Amendment proposed in this
Section shall be knorm as Charter Amendment too.i.
Section 3. A special municipal election is hereby called
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and- directed to be held in the City of Miamil, Florida, from
700 A.M. until 7:00 P.M. on Tuesday, November 50, 1990, for the
purpose of submitting the qualified electors of the City of Miami
for their approval or disapproval the measure known as Charter
Amendment No.l.
Section 4. Said special municipal election shall be held
at the voting places in the precincts designated, all as shown on
the list attached hereto and made a part hereof and referred to
as Exhibit No.l, or as may be designated by the Supervisor of
i
Elections of Metropolitan Dade County, Florida, in conformity
with the provisions of the general laws of the State. The
Precinct Election Clerks and Inspectors to serve at said polling
places on said election date shall be those designated by the
Supervisor of Elections of Dade County for such purpose in
accordance with the general laws of the State. A description of
the registration books and records which -pertain to election
precincts wholly or partly within the City -and which the City is
hereby adopting and desires to use for holding such special
municipal election is as followss all registration cards, books,
records and certificates pertaining to electors of the City of
Miami and established and maintained as official by the
Supervisor of Elections of Dade County, Florida, in conformity
with the provisions of the general laws of the State of Florida,
are hereby adopted and declared to be, and shall hereafter be
recognized and accepted as, official registration cards, books,
records and certificates of the City of Miami.
Section 5. In compliance with Section 100.342, Florida
Statutes, the City Clerk is hereby authorized and directed to
publish notice of the adoption of the herein resolution and of
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the provisions hereof, at least twice, once in the fifth week and
once in the third week prior to the week in which the aforesaid
special municipal election ,is to be held► in the folldwriitc)
nowspaper(s) of general circulation published in the City► -Of
Miamit Floridat-
which notice shall be substantially in the following form:
"NOTICE OF SPECIAL MUNICIPAL ELECTION
TO BE HELD ON
TUESDAY, NOVEMBER 6, 1990
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. 90-
A special referendum election will be held on
Tuesday, November 6, 1990, from 7:00 A.M.
until 7:00 P.M. in the City of Miami,
Florida, at the polling places in the several
election precincts designated by the Board of
County Commissioners of Dade County, Florida,
as set forth herein, unless otherwise
provided by law, for the purpose of
submitting to the qualified electors of the
City of Miami, Florida, the following
question:
"Shall Charter Amendment No.1 be adopted to
provide that a City Commissioner selected by
the City Commission serve ex officio without
compensation as member -chairperson of the
Off -Street Parking Board with the right to
vote on all matters coming before said Board
for a term of office which shall be
indefinite or as provided by ordinance or
resolution, such term not extending beyond
earlier of either the date set by the
Commission or the last day of service as City
Commissioner?
Charter Amendment No.l provides for appointment,
City Commission, of a commission member to serve ex o
without compensation as a member and as chairperson of the
Off -Street Parking Board for a term of office which she
indefinite or of such duration as provided by resoluti
ordinance of the Commission but shall not extend beyon
earlier of either the date set by the Commission or anti:
member no longer holds office as City Commissioner.
Amendment increases Board membership from five to six me
The Amendment also provides that such member -chairperson i
Off -Street Parking Board shall have the right to vote c
matters coming before said Board.
By order of the Commission of the City of Mt
i, Florida.
CITY CLERK
(Insert list of City of Miami Polling Places.)"
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Section 6. The official ballot to be used at
oledtion shall be in full Compliance With the law# of the Suite
of plorida with respect to absentee ballots and to the use bf the -
mechanical voting machines or the Computer Election System (CtS') -
and shall be in substantially the following form,' to wit:
a
OFFICIAL BALLOT
SPECIAL MUNICIPAL ELECTION
TUESDAYr NOVEMBER 6, 1990
FOR APPROVAL OR DISAPPROVAL OF THE
FOLLOWING QUESTION:
Charter Amendment providing for
Commissioner's appointment as voting ex
officio member -chairperson of Off -Street
Parking Board.
"Shall Charter Amendment No.1 be
YES adopted to provide that a City
Commissioner selected by the City
(For the measure) Commission serve ex officio without
compensation as member -chairperson
of the Off -Street Parking Board
with the right to vote on all
matters coming before said Board
for a term of office which shall be
NO indefinite or as provided by
ordinance or resolution, such term
(Against the measure) not extending beyond earlier of
either the date set by the
Commission or the last day of
service as City Commissioner?"
Section ?. Electors desiring to vote for the amendment
in approval of said Question described above, shall be instructed
to punch straight down with the stylus through the hole next to
- the word "YES" within the ballot frame containing the statement
relating to said Question. Electors desiring to vote against the
amendment, in disapproval, of said Question, shall be instructed
to punch straight down with the stylus through the hole next to
the word "NO" within the ballot frame containing the statement
relating to said Question.
Section S. The City Clerk shall causetto be prepared
absentee ballots containing the Question set forth in Section 6
above for the use of absent electors entitled to cast such
ballots in said election.
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Section9, ° A►ll qualified electors of said City shall be
permitted to vote irn said special municipal election and the
$UpetVis+or Of Elections of bade County is hereby requested,
authorized, and directed to furnish, at the cost and expense of
the City of Miami, a list of all qualified electors residing in
the City of Miami as shown by the registration books and records
of the Office of said Supervisor of Elections and duly certify
the same for delivery to and for use by the election officials
designated to serve at the respective polling places in said
election precincts.
Section 10. For the purpose of enabling persons to
register who are qualified to vote in said municipal election to
be held on November 6, 1990, and who have not registered under
the provisions of the general laws of Florida and Chapter 16 of
the code of the City of Miami, Florida, or who have transferred
their legal residence from one voting precinct to another in the
City, they may register Monday through Friday, from 8:00 A.M. to
5:00 P.M. at the Metropolitan Dade County Election Department
located at 111 Northwest 1 Street, Miami, Florida. In addition
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to the above place and times, qualified persons may register at
such branch offices and may also use any mobile registration van
for the purpose of registration in order to vote in the herein
described election during such times and on such dates as may be
designated by the Supervisor of Elections of Dade County.
Section 11. MATTY HIRAI, the City Clerk of the City of
Miami, Florida, or her duly appointed successor, is hereby
designated and appointed as the official representative of the
Commission of the City of Miami, Florida, in all transactions
with the Supervisor of Elections of Dade Count in relation to
matters pertaining to the use of the registration books and the
holding of said special municipal election.
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Section 12. The City Clerk shall deliver a
certifiedcopy
of this Resolution to the Supervisor of Elections
of Metropolitan
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Dade County not loss forty-five days pirior
to the date of
the herein special municipal election.
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Section 1 This Resolution shall become effective
3smediately upon its adoption.
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26th day of July
PASSED AND ADOPTED this y
, 1990.
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XAVIER L. AU
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CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
JO GE L. F DEZ
CI1'Y ATTORNE
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CrtY OF MIAMI. FLOR10A
INTER -OFFICE MEMORANDUM
tb: Hoftorable Mayor and Members
Of the City Commission.
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FROM : Jo ge L . handez
Ci Attar y
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RECEIVE
1.1ju JUL LU
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BATE : July
19 ti
i lifl,•�j� FILE: J.90-64
SUBJECT : Charter,.,. �►r t'ii1
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City
REFERENCES :
Commission Meeting
4
July
2 6 f 1990
ENCLOSURES
The attached Resolution contains the final form of the
proposed Charter Amendment text and ballot question language that
is being presented for your consideration and approval.
The Resolution also calls for the special election to be
held November 6, 1990 and includes the wording of the Public
Notice to be advertised in a newspaper or newspapers of general Y
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circulation that you will designate at this Meeting (7/26/90).
The Amendment text appears in Section 2a of the Resolution
and the ballot question language is found in Section 6. A brief -
explanation of the Amendment in narrative form for the benefit of
the public is included in Section 5, the Section containing the y
form of the Public Notice to be advertised. That explanation and 4,
the ballot question language are set forth below for your
references j4
"Shall Charter Amendment No.1 be adopted to
provide that a City Commissioner selected by
the City Commission serve ex officio without'
compensation as member -chairperson of the
Off -Street Parking Board with the right to
vote on all matters coming before said Board
for a term of office which shall be
indefinite or as provided by ordinance or
resolution, such term not extending beyond
;
earlier of either the date set by the
Commission or the last day of service as City
Commissioner?"�
Charter Amendment No.1 provides for
appointment, by the City Commission, of a
�
commission member to serve ex off icio without
compensation as a member and as chairperson
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of the City Off -Street Parking Board for a
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term of office which shall be indefinite or
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of such duration as provided by resolution or
ordinance of the Commission but shall not
.
Honorable Mayor and Members July 19, 1990
Of the City Commission Paget. 2
Rot Charter Amendment No.1 (Off -Street Parking Board)
extend beyond- the earlier of either the date
Set by the Commission or until such member no
longer holds office as City Commissioner.
The Amendment increases Board membership from
five to six members. The Amendment also
provides that such member -chairperson of the
Off -Street Parking Board shall have the right
to vote on all matters coming before said
Board. j
JLF/RFC/rcl/M071
cc: Cesar H. Odio
City Manager
Matty Hirai
City Clerk